

A 



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DIGEST OF DECISIONS 



OF HIE 



JUDGE ADVOCATE, 



DEPARTMENT OF CALIFORNIA 



Cjt j\> R. __ 






APPROVED BY THE FIFTEENTH AND SIXTEENTH 
ANNUAL ENCAMPMENTS. 



CHARLES E. WILSON, 

JUDGE ADVOCATE. 



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DIGEST OF DECISIONS 



OF THE 



JUDGE ADVOCATE, 



DEPARTMENT OF CALIFORNIA 



G. J\. R, 



APPROVED BY THE FIFTEENTH AND SIXTEENTH 
ANNUAL ENCAMPMENTS. 



CHARLES K. WILSON, 

JUDGE ADVOCATE. 



./ 



REPORT OF THE JUDGE ADVOCATE. 



Head Quarters Department of California, 

Grand Army of the Republic, 
Office of Judge Advocate, 
420 California St., San Francisco, Jan. 23d, 1884. 

Horace Wilson, A. A. G. 

Comrade : I have the honor to submit the following report of 
the business of this office for the current term. 

A variety of questions have been submitted for my consideration 
by the Department Commander, and in every case the decision 
of this office has been reduced to writing and preserved. 

In accordance with the suggestions contained in the Judge 
Advocate's report of 1882, and adopted by the Department En- 
campment, a digest of all decisions rendered by me during the 
term, is hereto appended and made a part of this report. 

Early in the term my opinion was asked concerning the rela- 
tionship to the G. A. R. of a comrade holding a transfer card. 
My conclusions were in substance, and I so advised, that a com- 
rade who applies for and receives a transfer card, virtually severs 
his connection with the Order, until he is re-admitted to the Post 
granting the card or to some other Post, within one year from 
the date of his card; that in consideration of his having been a 
member of the Order, discrimination is made in his favor as 
against a stranger, in that he may be re-admitted to the Post 
granting the card by a two-thirds vote, or to another Post within 
the same period of time and by the same vote, after his applica- 
tion has been referred to a committee of investigation and a fav- 
orable report had. To offset this advantage, and to protect other 
Posts from imposition, he remains during the year for the pur- 
pose of discipline only, under the jurisdiction of the Post granting 
the card. That in my judgment no person is entitled to sit in a 
Post meeting unless he is a member of a Post, and that a com- 



rade who has applied for and received a transfer card, is neither 
a member of a Post, nor of the Order, until he has been re-admit- 
ted under the provisions of the rules and regulations governing 
such cases. 

Recently my attention has been called to the report of the pro- 
ceedings of the last National Encampment, pages 142, 143, 166, 
167, from which it appears that the Judge Advocate General de- 
cides, that a comrade who has applied for and received a transfer 
card, may hold office in the Department Encampment, and this 
decision, after a lengthy debate, although strenuously opposed by 
many comrades, was affirmed by the National Encampment. 

I presume no one will for a moment contend that a person can 
hold office in the Grand A.rmy of the Republic unless he be a 
member of the Order in good standing; and hence I understand 
the decision of the Judge Advocate General to mean that a com- 
rade holding a transfer card i's a member of the G. A. R. in good 
standing, and consequently entitled to all the rights and privil- 
eges of the Order, including the right to sit in Post meetings. 
Independently of this decision, I find myself unable by any pro- 
cess of reasoning to reach a like conclusion. Nevertheless, it is 
the law of the Order, and I have therefore omitted mention of 
my opinion in the digest annexed hereto. 

In my former report I took occasion to- call attention to the 
importance of a careful examination of the Rules and Regulations 
in connection with the preparation of Post by-laws. 

The suggestion seems to have had the desired effect, as by-laws 
submitted for approval during the current term, have as a gen- 
eral thing, given evidence of careful preparation and intelligent 
understanding of the provisions of the Rules and Regulations. 

I am thus encouraged to call attention to some kindred mat- 
ters, in the hope that like good results may follow. 

I refer particularly to the matter of discipline involving Courts- 
Martial and Court-Martial proceedings. 

In the majority of cases referred to the Department Command- 
er during my official career, that officer has been obliged to dis- 
approve the proceedings, findings and sentence, and generally 
for the reason that there has been no proper charge preferred 
against the accused upon which to base Court-Martial proceed- 
ings. 



The offences cognizable by the Grand Army of the Republic 
are enumerated in Article VI. Chapter V. Rules and Regulations 
1882. They number five. They are stated in plain, clear and 
concise language, and are sufficiently broad to cover all cases of 
wrong-doing by a comrade in his relationship to the G. A. R. 

In many cases it would seem that neither the party preferring 
the charges, the Court, the accused, nor any person interested 
has taken the trouble to look at the Rules and Regulations under 
which action is assumed to be taken. 

The charge is the basis of Court-Martial proceedings, and 
although the specifications may state facts sufficient to constitute 
an offense cognizable by the G. A. R., and the evidence may 
show the accused to have committed the acts complained of, yet 
he cannot be called to account unless he is chaiged substantially 
in the language of the Rules and Regulations. There are rea- 
sons too numerous to mention here, why no departure from this 
rule can be allowed. 

It also occurs to me, to make a suggestion or two in regard to 
correspondence. Correspondence must follow military usage. 
(Manual 1881, page 38.) Comrades will address Post Adjutants, 
Post Commanders the Assistant Adjutant General of the Depart- 
ment, and all staff officers other than the Assistant Adjutant Gen- 
eral will address the Chief of Staff. 

This I understand to be military usage, and it is a peculiarly 
distinctive feature of our organization, and one which in my 
opinion should be carefully preserved. 

Even in cases of appeal from the action of a Post, it is not un- 
usual in this Department for the appellant to send his papers di- 
rect to the Assistant Adjutant General or Department Command- 
er instead of transmiting them through the regular channel by 
way of his Post. A moment's reflection will make it appear that 
this practice is not according to military usage, and is not cour- 
teous to the Post. 

In this connection I would further say that communications 
are frecpiently sent directly to the Judge Advocate by Post officers 
and other comrades, submitting for his decision questions arising 
in the course of the transaction of Post business, or perhaps in 
the mind of the writer. 



6 

In all such cases, I Lave returned the communication to the 
author with the suggestion that it should be forwarded through 
the proper channel. 

This has been done, not with a view to shirk labor or responsi- 
bilit} r , nor from a lack of courtesy to the author, but from a de- 
sire to conform to what I conceive to be military usage. More- 
over, the necessity of uniformity in the decisions emanating from 
this office, as well as proper respect to the Department Command- 
er, precludes the Judge Advocate from rendering opinions except 
through the proper channel. 

I have the honor to be 

Yours in F., C. and L., 

Charles E. Wilson, 

Judge Advocate. 



Digest of Decisions. 



APPLICATIONS FOR MEMBERSHIP. 

WITHDRAWAL —BALLOTING. 

1 — After an application has been received by the Post and re- 
ferred to a Committee of Investigation, it cannot be withdrawn, 
except by consent of the Post.— Opinion XI, August 1, 1882. 

2 — A ballot being had upon the application of a candidate for 
membership, and the result declared, the Post Commander cannot 
order a second ballot. The Commander being expressly author- 
ized by the provisions of Sec. 4, Art. II, Chap. II, Rules and 
Regulations, 1881, to order a second ballot in his discretion 
before declaring the vote, is, by the same law, prohibited from do- 
ing so after he has declared the result. — Opinion XVI, January 
11, 1883. 

3 — Under the provisions of Sec. 4, Art. II, Chap. II, Rules 
and Regulations, 1881, in a ballot upon the application of a can- 
didate for membership, tivo black balls reject in a total vote of 



39 or less; three, when the total vote exceeds 39, and is less than 
60, and so on. — Id. 

APPEAL. 

NOTICE OF; WHAT IT SHOULD CONTAIN'. 

1 — In order that the reviewing officer may have his attention 
directed to the particular error relied upon, and consider and 
decide the questions intended to be raised, the notice of appeal 
should be specific— Opinion XVII, March 28, 1883. 

2 — If it is claimed that the action of a Post conflicts with, or 
is in derogation of any law, rule or regulation, the notice of ap- 
peal should state something more than the claim of error in gen- 
eral terms — it should specify clearly how and in what respect 
the law has been disregarded or violated. — Id. 

BY-LAWS. 

CONSTRUCTION OF CONFLICT. 

1 — Where a Post has by its by-laws set apart a fund for the 
purposes of relief as required by the Rules and Regulations, and 
in the same by-laws provides that " no disbursement shall be 
made from the general fund of the Post, unless for the actual 
necessary and legitimate expenses of the Post in the proper con- 
duct of its business for the relief of distressed comrades or for 
the familes of comrades deceased:" in view of the provision for a 
relief fund, and of the fact that there is business to be transacted 
and work to be done by the Post, requiring the use of money other 
than that of relieving the distressed, it will not be presumed that 
the Post intended by the passage of the by-law quoted, to restrict 
the use of the general fund to the relief of comrades or other 
persons in distress. — Opinion XVII, March 28, 1883. 

2 — A Post by-law which provides that " no disbursements 
shall be made from the general fund of the Post, unless for ac- 
tual, necessary and legitimate expenses of the Post in the proper 
conduct of its business for the relief of distressed comrades or 
for the families of comrades deceased," does not restrict the use 
of the general fund to the purposes of relief. Under said by-law 



the general fund may be applied to the payment of the nec- 
essary expenses of the Post in the conduct of its business, and 
also to the purposes of relief. — Id. 

3 — A Post by-law which restricts the use of the general fund 
to the purposes of relief, and the payment of the actual, neces- 
sary and legitimate expenses of the Post, but does not declare 
what shall be considered as such expenses, leaves that question 
open to be determined primarily by the Post when demands 
come before it for payment. The Post by voting to pay the de- 
mand virtually decides that it is for actual, necessary and legiti- 
mate expenses of the Post in the conduct of its business. 

In such case it is not good policy on the part of the Depart- 
ment Commander, nor is it within his province to disturb the 
judgment of the Post, unless it clearly appears that by some 
unfair means the vote of the Post has been obtained to appropri- 
ate the funds to objects inimical or entirely foreign to the Gr. A. 
E.— Id. 

4 — A Post by-law requiring dues (per capita tax) to be paid 
monthly in advance, conflicts with Sec. 3, Art. Ill, Chapter V, 
E. & B., 1882.— Opinion XXIV, July 5, 1883. 

5. — A Post by-law which provides that "if any officer is absent 
from three consecutive meetings, he shall forfeit his office, is in 
conflict with Art. IV, Chap. V, E. & E.— Opinion XVII, August 
2, 1883. Opinion XXIX, December 11, 1883. 

6 — By-Laws, which are mere re-enactments of the Eules and 
Eegulations, should not be approved. — Opinion I, March 16, 
1882. 

7 — A By-Law which provides that charges shall be preferred 
against a Comrade under certain circumstances, without making 
it the duty of any one to prefer such charges, is inoperative. 
This subject is governed by the Eules and Eegulations. — Id. 
Also, Opinion VI, May 11, 1882. 

8 — " Suspension from membership," is a penalty which may 
be imposed by Court-Martial upon conviction of one or more of 
the offenses enumerated in Art. VI, Chap. V, Eules and Eegula- 
tions, 1881, and it cannot be imposed by the Post in j>unishment 
of an offense cognizable by the Gr. A. E., except through the me- 



dium of a Court-Martial.— Opinion III, April 25, 1882; Opinion 
VI, May 11, 1882. 

9— A By-Law providing that the Post Commander may suspend 
from membership a Comrade who appears upon a public parade of 
the Post drunk and disorderly, is in conflict with Art. VI, Cbap. 
V, Eules and Regulations, 1881; in that, the offense named is 
one cognizable by the Or. A. R., and the provisions of the Rules 
and Regulations referred to, secure to every Comrade charged 
with such offense, the right to a trial by Court-Martial, which 
right cannot be taken away or abridged by the Post. — Id. Also, 
Opinion VII, June 12, 1882. 

10_Posts cannot by a By-Law substitute another and differ- 
ent penalty than that prescribed by the Rules and Regulations 
for an offense cognizable by the G. A. R.— Opinion VII, June 
12, 1882. 

11— Art. XII, Chap. 5, Rules and Regulations, 1881, requires 
Posts to establish a Relief Fund, and this should be provided 
for in the By-Laws.— Opinion VI, May 11, 1882. 

12— A By-Law requiring the payment of the per capita tax 
(dues) monthly, conflicts with the provisions of Sec. 3, Art. Ill, 
Chap. V, Rules and Regulations, 1881.— Opinion IX, June 13, 
1882; Opinion XII, August 28, 1882. 

13 A By-Law providing that if an elective officer is absent 

from three consecutive regular meetings of the Post, without a 
valid and satisfactory excuse, his office shall be declared vacant, 
is in conflict with the provisions of Art. VI, Chap. V, Rules and 
Regulations, 1881, in that the penalty of "degradation from 
office " can be imposed only after due trial and conviction by 
Court-Martial, under said Rules and Regulations. A Post can- 
not by a By-Law provide for the forfeiture of office. (Manual, 
1881, page 3.)— Opinion XIV, October 28, 1882. 

COURT MARTIAL. 

CHARGES. 

1—" Intoxication at funeral services," is not an offense cogni- 
zable by the G. A. R., under Art. VI, Chap. V, R & R., and 



10 



hence a Court Martial has no jurisdiction to try a comrade or to 
pronounce judgment or sentence on such a charge. — Opinion 
XXIII, May 24, 1883. 

- 2 — " Conduct unbecoming an officer and a gentleman," is not 
an offense cognizable b} r the Gr. A. R. under Art. VI, Chap. V, 
R. & R., and hence a Court Martial has no jurisdiction to try a 
comrade upon such a charge. — Opinion XXXI, December 11, 
1883. 

3 — Proceedings of a Post Court-Martial, in cases where the 
sentence is other than dishonorable discharge or dismissal, need 
not be referred to the Department Commander. (Bides mid 
Regulations, 1881; Sec. 6, Art. VI, Ghap.Y.) — Opinion X, July 

5, 1882. 

4 — Before a. Court-Martial can proceed to try the accused in 
his absence, it must conclusively appear that he has been served 
with notice of the time and place at which the Court will sit for 
trial, a copy of the charges and specifications, and a list of the 
members of the Court, at least ten days before the day of trial. 
(Rules and Regulations, 1881; Sec. 4 , Art. VI, Chap. V; also Man- 
ual 1881, page 33.) — Id. Also, Opinion XIII, September 25, 
1882. 

5 — The statement of the Judge Advocate, that he had mailed 
the notice, together with a copy of the charges and specifications, 
and a list of the members of the Court to a third person with the 
request that such person deliver them to the accused, without 
proof that the same were delivered to the accused, or left at his 
usual place of abode, is not a sufficient showing of service of no- 
tice, etc., to give the Court jurisdiction to try the accused in his 
absence. — Id. 

6 — Courts-Martial can obtain jurisdiction of the person of the 
accused only by his appearance in person, or by attorney, or by 
the service upon him of the notice, etc., as required by the Rules 
and Regulations and Manual; and the record must clearly show 
that jurisdiction was obtained, otherwise the proceedings, find- 
ings and sentence, must be disapproved. — Id. 

7— Art. VI, Chap. V, Rules and Regulations of 1882, is the 



11 

supreme law of the Order upon the subject of Courts-Martial. 
Posts derive the power to create the Court, and the Court ac- 
quires jurisdiction, if at all, under this Article of the Rules and 
Regulations. Before a Comrade can be put upon trial by Court- 
Martial, he must be charged with one or more of the offenses 
mentioned in the Rules and Regulations, as coguizable by the 
G. A. R.— Id. 

g — The " charge" is the basis of the proceedings — the specifi- 
cations, a recital of the facts constituting the offense, and al- 
though the specifications recite facts sufficient to support an ac- 
cusation of an offeuse cognizable by the G. A. R., yet if the 
offense is not specifically charged, there is nothing upon which 
to predicate a judgment, or findings and sentence. "Conduct 
unbecoming a member of the Grand Army of the Republic," is 
not an offense known to the laws of the Order, and hence a 
Court-Martial has no jurisdiction to try a Comrade on such a 
charge. — Opinion XV, November 18, 1882. 

CONTROVERSIES IN A POST. 

INVESTIGATION OF — AUTHORITY OF DEPARTMENT COMMANDER. 

1.— When charges of irregularity in the administration of Post 
affairs are brought to the attention of the Department Command- 
er, he may in his discretion appoint a committee to investigate 
and report upon such charges. — Opinion XXVIII, Oct. 1, 1883, 

2.— In such case, allegations attacking the report of the Com- 
mittee on the ground that certain members were prejudiced and 
had formed and expressed opinions as to the merits of the con- 
troversy prior to the investigation, must be specific as to names 
and dates, to deserve notice by the Department Commander.^Id. 

3— If the report of such Committee is attacked on the ground 
that it misstates or suppresses the evidence taken before the Com- 
mittee, the attacking party should show in what particulars the 
evidence is misstated or suppressed. — Id. 

4. — A Committee appointed by the Department Commander to 
investigate matters in controversy, unless especially instructed, 
may conduct the proceedings in such manner as will, in the judg- 



12 



merit of the Committee, best subserve the ends of justice and the 
good of the Order, and the fact that witnesses appearing before 
the Committee were examined seperate and apart from each other, 
and without the presence of the parties immediately concerned in 
the controversy, does not of itself furnish sufficient reason for set- 
ting aside or disregarding the report by the Department Com- 
mander. It might be otherwise, however, should it appear that 
the evidence would have been materially different under another 
mode of procedure. — Id. 

DUES. 

ARREARAGES — WHEN DELINQUENCY OCCURS — SUSPENSIONS. 

1.— Sec. 3, Art. Ill, Chap. V, R. & R. 1882, provides that each 
Post, either hy its by-laws or a vote of the Post at the last meet- 
ing in December, may assess a per capita tax (commonly known 
as dues) upon its members payable in equal quarterly installments 
on the first days of January, April, Jul}' and October. 

This ]n*ovision of the R. & R. does not exact payment in ad- 
vance, and it is a general rule that money obligations are never 
payable in advance, except by express stipulation, and hence 
dues do not accrue to the Post until the end of the quarter. — 
Opinion XXXIV, Jan. 16, 1884. 

2. — Under the Rules and Regulations, a Comrade must owe 
six months accrued dues before he can be said to be in arrears 
for six months in the payment of his dues, and before the R. & 
R. can be invoked to prohibit him from voting, any by-law of the 
Post to the contrary notwithstanding — Id. 

3 — Under the provisions of Sec. 3, Art. IV, Chap. V, R & R, 
a comrade who is six months in arrears in the payment of his 
dues, is not entitled to vote at an election of Post officers, and no 
action on the part of the Post or of the Post Commander is re- 
quired to place him under the ban of suspension. Nor does the 
failure of the Quartermaster to report him to the Post as de- 
linquent affect his standing. His suspension occurs by opera- 
tion of law. — Id. 

4— Sec. 3, Art. Ill, Chap. V, R, & R., 1882, provides that 



13 

each Post may assess a per capita tax payable in equal quarterly 
installments on the first Monday in January, etc. Sec. 1, Art. 
II, Chap. V, requires the Post Commander to make quarterly re- 
turns to the Assistant Adjutant General of the Department on 
the first days of January, etc. One year's arrearages in dues 
must necessarily accrue at the beginning of a. regular quarter, 
and the comrade so in arrears ceases to bp a member of the G. 
A. E., and should be reported by the Post Commander in his 
quarterly report as dropped from the roll for non-payment of 
dues. No other action on the part of the Post or Post Com- 
mander is necessary in the premises. — Opinion XXV, July 16, 
1883. 

5 — The failure of the Post Commander to report a comrade 
one year in arrears in the payment of his dues as dropped 
from the roll, etc., does not affect such comrade's relationship to 
the G. A. R. — he ceases to be a member by operation of law, and 
cannot be restored to good standing by the simple payment of 
arrearages of dues, or in any manner except by re-instatement 
under Sec. 4, Art. IV, Chap. V, R. & R.— Id. 

6 — Section 5, Art. IV, Chap. V, R. & R., 1882, states that 
the provisions of Sections 3 and 4 of said Article (relating to sus- 
pensions, etc., for the non-payment of dues), shall not apply to 
comrades in the service of the United States at a distance from 
the Post of which he is a member; there being no other law upon 
the subject, it would seem that a comrade cannot be suspended 
or dropped while so in the service of the United States and on 
duty at a distance from his Post, and these conditions may con- 
tinue indefinitely. — Id. 

7 — The law does not remit the dues of a comrade in the ser- 
vice of the United States at a distance from his Post. It merely 
extends the time of payment until he is relieved from such duty. 
The reason for this indulgence would seem to be that it is gen- 
erally inconvenient, and often impossible, owing to the "exi- 
gencies of the service," for a comrade so circumstanced to make 
remittances to his. Post. When he returns to his Post, or to the 
vicinity thereof, the reason for discrimination in his favor fails, 
and it is then incumbent upon him to pay the dues which have 



14 

accrued during his absence; failing in this he is to be dealt with 
precisely as other comrades are dealt with under the provisions 
so Sections<3 and 4, Art. IV, Chap. V, ft. & R. — Id. 

EXPENSES OF A POST. 

WHAT ARE NECESSARY AND LEGITIMATE. 

1 — The entertainment of the members of the Department En- 
campment, meeting at San Francisco, by the several Posts of that 
city might reasonably have been expected to tend " to preserve 
and strengthen those kind and fraternal feelings which bind to- 
gether the soldiers, sailors and marines who united to suppress 
the rebellion." This is first in numerical order of the declared 
objects of the Gc. A. R. , and hence is directly in the line of duty. 
A reasonable expenditure of money for such purpose comes 
within the category of actual, necessary and legitimate expenses 
of a Post in the proper conduct of its business. — Opinion XVII, 
March 28, 1883. 

ELECTION OF OFFICERS. 

POWER TO SET ASIDE — FRAUD — ILLEGAL VOTES, EFFECT OF. 

1 — In case an election for Post officers is held at the meeting 
designated for that purpose by the Rules and Regulations, and 
the successful candidates are declared elected without objection, 
the Post has no power to set aside the election or proceed to 
hold another. — Opinion XXXIV, January 16, 1884. 

2 — In case fraud or irregularity in an election for Post officers 
is discovered after the result is declared, the proper practice is. 
to present the facts to the Department Commander through the 
proper channel for his action. — Id. 

3 — The power to set aside an election for Post officers, and 
order a new election is vested in the Department Commander, 
subject only to an appeal to the Commander-in-Chief. — Id., also 
opinion XXIII, October 1, 1883. 

4. — If charges of fraud in the election of Post officers are pre- 
ferred at a Post meeting, it is error on the part of the Post Com- 
mander to entertain a motion to refer the charges to a commit- 



15 



tee of investigation. He should forward the charges to the As- 
sistant Adjutant General. — Opinion XXXIV, January 16, 1881. 

5. — In case it is charged that illegal votes were cast at an 
election for Post officers, the questions to be determined are, 
1st, were illegal votes cast; and 2d, if illegal votes were cast, 
how was the result of the election affected thereby. — Id. 

6. — The ballot for Post officers is a secret ballot, and in case 
illegal votes are cast, it is neither practicable nor good policy to 
inquire as to which candidate received the illegal votes. — Id. 

7. — If it appears to the Department Commander that illegal 
votes were cast at an election for Post Commander, and that after 
deducting said illegal votes from the vote of the successful can- 
didate he still retains a majority of the votes cast, the election 
should be affirmed, otherwise it should be set aside. — Id. 

OFFICERS. 

REMOVAL OF FORFEITURE OF OFFICE. 

1 — The removal of an elective officer of a Post for cause, is a 
"degradation from office" within the meaning of Sec. 2, Art. 
VI, Chap. V, Rules and Regulations, 1881. — Opinion XIV, Oc- 
tober 28, 18S2. 

2 — The penalty of " degradation from office " is a punishment 
which may be imposed only after due trial and conviction by 
Court-Martial . — Id . 

3 — An officer of a Post, duly elected and installed, cannot for- 
feit his right to the office, except by commission of one or more 
of the offenses cognizable by the G. A. R., under the Rules and 
Regulations, and a Post cannot by By-Laws provide for the for- 
feiture of office. (See Opinion of Judge Advocate, Gen I Manual, 
1881, page 33.)— Id. 

REPRESENTATIVES TO DEPARTMENT ENCAMPMENTS. 

1. — In case a Post Commander is elected a representative to 
the Department Encampment, and is present at the meeting of 
the Encampment as Post Commander, he cannot be considered 
absent as a representative so as to entitle an alternate to act in 
his stead. The Post should have looked out for its representa- 



16 



tion by electing a Comrade as representative not otherwise enti- 
tled to a seat in the Encampment. — Opinion XXXIII, Dec. 27, 
1883. 

2. — In case the Post Commander is j^resent at the meeting of 
the Department Encampment, either as Post Commander or rep- 
resentative, he cannot he considered absent so as to entitle the 
S. V. C. or J. V. C. to represent the Post under Sec. 2, Art. II, 
Chap. II, R. & R.— Id. 

3 —If a Post elects the Post Commander a representative to 
the Department Encampment, and he is present at the Encamp- 
ment meeting, and acting either as P. C. or representative, the 
Post is necessarily deprived of a vote which it might have bad by 
the election of a Comrade other than the P. C. — Id. 

SPECIAL MEETINGS. 

REPORT OF INVESTIGATING COMMITTEE AND BALLOTING. 

1.— Sec. 3, Art. II, Chap. II, R. & R. 1882, provides that ap- 
plications for membership shall be presented at a stated meeting 
of the Post and referred to a committee of investigation, and the 
following section provides that the committee shall report at a 
meeting subsequent to their appointment. 

Sec. 1, Art. V, Chap. II, R. & R. provides for holding stated 
meetings, and Section 2 of the same Article makes provision for 
special meetings, so that both stated and special meetings are 
recognized by the R. & R. 

The law does not either in express terms, or by implification, 
confine tbe report of the committee or the ballot for the candi- 
date to a stated meeting, and it follows that tbe report of the 
committee may be received, and a ballot upon the application 
may be had at a special meeting legally convened. — Opinion XXI, 
April 14, 1883. 

TRANSFER CARD. 

1. — A Past Post Commander does not lose his rank so long as 
he remains in good standing in the G. A. R., and hence his rank 
is not affected by transfer from one Post to another in the same 
Department.— Opinion XXIII, Dec. 27, 1883. 



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